2 Apr 2009
TOMARATA LAKES PROTECTION SOCIETY INCORPORATED V RODNEY DISTRICT COUNCIL AND ANOR HC AK CIV 2008-404-001816
- Citation
- openlaw-74ef54d7_da7e_4ef3_8517_37029611f679.pdf
- Court
- High Court
The appeal was a disguised challenge to factual findings of the Environment Court and failed as a matter of law; there was no breach of s104D or s7(c); costs are in the Court's discretion and must reflect the correct application of the High Court Rules for appeals, the short hearing, consolidation effects, and settlement correspondence — resulting in an award of $3,220 to the first respondent (reflecting Category 2 Band B with adjustments) and increased costs of $6,000 to the second respondent due to the appeal's lack of merit and rejection of reasonable settlement offers.